[House Report 109-140]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-140

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PROVIDING FOR CONSIDERATION OF H.J. RES. 10, PROPOSING AN AMENDMENT TO 
   THE CONSTITUTION OF THE UNITED STATES AUTHORIZING THE CONGRESS TO 
   PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES

                                _______
                                

   June 20, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 330]

    The Committee on Rules, having had under consideration 
House Resolution 330, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of House Joint 
Resolution 10, proposing an amendment to the Constitution of 
the United States authorizing the Congress to prohibit the 
physical desecration of the flag of the United States, under a 
structured rule. The rule provides two hours of debate in the 
House equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against consideration of the 
joint resolution.
    The rule makes in order the amendment in the nature of a 
substitute printed in this report, if offered by Representative 
Watt or his designee, which shall be separately debatable for 
one hour equally divided between the proponent and an opponent. 
The rule waives all points of order against the amendment 
printed in this report. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the joint resolution to a time 
designated by the Speaker. Finally, the rule provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee on Rules is not aware of any points of order 
against consideration of the bill. The waivers of all points of 
order are prophylactic in nature.

    SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

    (Summary derived from information provided by the amendment 
sponsor.)
    Watt: Amendment in the Nature of a Substitute. Requires 
that any statute enacted by the Congress pursuant to the 
proposed Constitutional Amendment must be consistent with the 
First Amendment to the U.S. Constitution.

          TEXT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE

  Strike all after the resolving clause and insert the 
following:

That the following article is proposed as an amendment to the 
Constitution of the United States, which shall be valid to all 
intents and purposes as part of the Constitution when ratified 
by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for 
ratification:

                              ``Article --

  ``Not inconsistent with the first article of amendment to 
this Constitution, the Congress shall have power to prohibit 
the physical desecration of the flag of the United States.''.

                                  
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